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  • rnmcd
    replied
    Originally posted by rustyangel View Post
    If I go to BestBuy.com (for example) and post a product review of a Yamaha sound system (for example) and say "It sucks", can Yamaha sue Best Buy?

    You can get sued for that but I doubt the plantiff would win.

    I thought this thread was talking about something more than a poster saying that something sucks. That's an opinion, and not likely to cause you to lose a lawsuit.

    I was referring to copyright infringement or online threats. Now those can have you on the paying end of a lawsuit.

    Leave a comment:


  • socceronly
    replied
    Originally posted by harmor View Post
    If the negative posts are true and not lies then they can't do anything. Correct me if I'm wrong but if a member said "They sneak into your room and touch your genitals" but is in fact not true then you can be sued.
    That's a different hotel.

    Leave a comment:


  • rustyangel
    replied
    Originally posted by rnmcd View Post
    Using that scenario, couldn't the host of the website (if different than the website owner) be sued for allowing the website to publish those messages? They have final say in what appears on the website.
    Isn't a "website" (that controls content) and a "forum" 2 different things? I mean, there is a difference in an inner-company memo and a bulletin board right? I would think that a public forum would be treated differently than a website that controls it's content. You are simply providing a platform for various opinions.

    I would think if they really wanted to sue, they would also have to sue the poster to prove whether the content was accurate or not. I mean, if a forum owner can be sued for the accuracy of it's poster's content, you would go nuts trying to verify every opinion in every thread???

    If I go to BestBuy.com (for example) and post a product review of a Yamaha sound system (for example) and say "It sucks", can Yamaha sue Best Buy?

    Leave a comment:


  • Dark Sage
    replied
    Originally posted by ACLineman View Post
    Even this ?

    By agreeing to these rules, you warrant that you will not post any messages that are obscene, vulgar, sexually-oriented, hateful, threatening, or otherwise violative of any laws.
    or
    All messages express the views of the author, and neither the owners of [name of forum], nor vBulletin Solutions, Inc. (developers of vBulletin) will be held responsible for the content of any message.

    Leave a comment:


  • orillia
    replied
    Reducing the original post to legal details won't help our colleague. I have been on both sides of this fence; I was (until last June) a fishing lodge owner, and I have owned and staffed at several forums.

    Here is the simplest solution: edit the original posts and add a note that says the establishment owner has complained about the posts and that you cannot verify either side of the story, and are therefore recusing your forum due to the potential liability. You could add a sentence recommending that ALL members contact the BBB if they are suspicious about the quality of a vendor's offerings. This serves two purposes: it eliminates the legal threat to you and still keeps a red flag over the suspect vendor.

    And - to be fair to the B&B owner - I've had people complain about my lodge because they couldn't catch a fish, even though the client next door to them was bringing back full stringers every day. People always have the option to be malicious... the B&B owner would have been better off (rather than threatening you) to post a rebuttal in the thread. Your challenge is to decide if it's worth letting this rent space in your brain. You can't fix every problem that comes your way in a customer service environment, so you're best to use a diplomatic strategy and move forward. Unless, of course, you are anxious to give a lawyer your hard-earned money.

    Leave a comment:


  • ACLineman
    replied
    Originally posted by rnmcd View Post
    There may be language to that effect but that doesn't seem to absolve the site owner from libel.
    Even this ?

    By agreeing to these rules, you warrant that you will not post any messages that are obscene, vulgar, sexually-oriented, hateful, threatening, or otherwise violative of any laws.

    Leave a comment:


  • rnmcd
    replied
    There may be language to that effect but that doesn't seem to absolve the site owner from libel.

    Leave a comment:


  • ACLineman
    replied
    Correct me if I'm wrong , but doesn't VB have wordage in the regisiteration process to relieve the VB license holder of any liabilty? If so where is it located?

    I had a person who purchased a boat and not happy with the service manager and posted his first name as being a liar,,,etc plus the dealers name

    Leave a comment:


  • Freesteyelz
    replied
    Originally posted by rnmcd View Post
    Using that scenario, couldn't the host of the website (if different than the website owner) be sued for allowing the website to publish those messages? They have final say in what appears on the website.
    Not necessarily since web hosts do not have ownership of the content. Unless the content violates their TOS, the law or they have been court ordered (and/or under review) web hosts are not held responsible.

    Leave a comment:


  • rnmcd
    replied
    Originally posted by Jose Amaral Rego View Post
    Yes, but it all depends on what 'Insurance' they carry. You can try suing someone without insurance and if they do not have a cent to their name, then what would be the point, as you will be waiting for the rest of your life and have to renew judgement until you can get a red cent.
    The point would be to have them retract/remove a malicious statement. Not every lawsuit requires a monetary settlement.

    Leave a comment:


  • Jose Amaral Rego
    replied
    Yes, but it all depends on what 'Insurance' they carry. You can try suing someone without insurance and if they do not have a cent to their name, then what would be the point, as you will be waiting for the rest of your life and have to renew judgement until you can get a red cent.

    You would first have to make sure you have a paper trail, between yourself and the person you want to ultimately want to be liable.

    Leave a comment:


  • rnmcd
    replied
    Originally posted by Jose Amaral Rego View Post
    You should watch Oprah, as one teacher sued a site and not the student that post the comment. She did win, as the owner of the site controls what is display on site.
    Using that scenario, couldn't the host of the website (if different than the website owner) be sued for allowing the website to publish those messages? They have final say in what appears on the website.

    Leave a comment:


  • Jose Amaral Rego
    replied
    Originally posted by Freesteyelz View Post
    In this case how old was the student?
    High School and one was Professor... If you research who you want to sue, make sure that the site has some kind of liability insurance and if not, go for the person that place comment.

    You can do so many things before taking to court, like get the host to remove it or face same consequences.

    All this only can take place if all parties are in same Country or it will be very difficult to do anything other then asking your isp to block that site and or server.

    Leave a comment:


  • MRGTB
    replied
    The problem is though, even if it the content posted on your site is true: "can you actually prove it's true"?

    If I was in your shoes, I would probably remove the content myself to be honest. Because if he decides to contact your server host and they agree and don't like whats posted on your site. Your risking them suspending your account.

    And I would imagine that would be his next step if he gets nowhere with you. I agree with what "Vile" said, it's not really worth the hassle even if it is true. Your better off just removing it.
    Last edited by MRGTB; Sat 22 Sep '07, 2:52am.

    Leave a comment:


  • Freesteyelz
    replied
    Originally posted by Jose Amaral Rego View Post
    You should watch Oprah, as one teacher sued a site and not the student that post the comment. She did win, as the owner of the site controls what is display on site.
    In this case how old was the student?

    Leave a comment:

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